A Publication of the ORTHODOX CHRISTIAN LAITY
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| Volume 6 Number 31 - Tuesday, August 3rd, 2004 |
A Publication of the ORTHODOX CHRISTIAN LAITY |
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The Orthodox Christian News Service |
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Proposed Archdiocesan Regulations and Uniform Metropolis and Parish Regulations (UPR) Order and Stability of the Archdiocese Threatened
Analysis and Commentary by Andrew Kartalis, The archdiocesan, diocesan and parish special regulations are the rules by which our Church in America is governed. They take precedence over individual parish bylaws and must be approved or modified by a Clergy-Laity Congress. The regulations have been rewritten with virtually no input from parishes and will be presented to the 2004 Congress for approval. Parishes received the official copy of the document only two weeks before the Congress thus allowing no time for thoughtful review and feedback. This is a violation of the provisions of the current special regulations, now in force, mandating that agendas and supporting documents must be sent to parishes at least 60 days before the Congress. It can only be assumed that the rewritten regulations will be presented to Congress delegates as a fait accompli and the attempt will be made to “railroad” them through the plenary sessions with a minimum of discussion. In both tone and spirit the proposed Regulations are lacking in pastoral concern, inspired leadership, Christian love and conciliarity. They reflect a controlling approach to governance through sanctions and punitive measures and greatly restrict the ability of parishioners and parishes to express themselves in matters of local parish administration. By using terms “canonical” and “canonical disorder” (without in any instance referring to a specific canon or canons), the proposed Regulations establish a roadmap for the takeover of parish properties by the Archdiocese. They further diminish the age old Orthodox balance of governance through the conciliarity of clergy, laity and hierarchs. The first step in this diminishment was taken when the “Patriarchal” charter of 2003 was imposed on the American Church and the regulations complete the process. The charter and the regulations are the death knell for Greek Orthodoxy as we have known it in America since its inception 80 years ago. It is imperative that Congress delegates insist that any discussion of the revised regulations be postponed to the 2006 Congress so that parishes can have the opportunity to review the draft in a thoughtful and appropriate manner. The following is an analysis of the most grievous provisions of the revised regulations and includes examples of oppressive hierarchical control and the punitive nature of the changes being presented for delegate approval. References refer to the sections of the Regulations as distributed to the parishes in early July. . 1. The Archdiocese has no members. On the very first page and very first Article it starts off by telling us that we are not members of the Archdiocese. It states, “Neither the Archdiocese, nor the Archdiocesan District or the Metropolises are membership organizations”. Since when did the laity stop being members? Old timers recall membership cards were issued annually by the Archdiocese to all members in good standing. [Page 1, Art. 1, Sect. 4] 2. The Synod (composed of the Archbishop and the Metropolitans) becomes the primary instrument of governance of the Archdiocese with complete control of all matters under the purview of the Archdiocese, including finances. The Archdiocesan Council serves only as an advisory body to the Archbishop and the Synod. [Page 1, Art. 2, Sect. 2 & Page 5, Art. 5, Section 1 B] 3. Archdiocesan Council Stacked. The Archdiocesan Council and its Executive Committee membership will be “stacked”. The Council will be increased from 87 members to 127 voting members (an increase of almost 50%!), and who will also be able to vote at the Clergy-Laity Congresses. The Archbishop will appoint 51 members versus 31 now, and other additions will include the Presidents of the Archons, the Archdiocesan Benefits Committee, the National Forum of Church Musicians, St. Michael’s Home, and the St. Photios National Shrine among others. [Page 6, Art. 5, Sect.2] 4. Lay Representation on Executive Committee Reduced. The Executive Committee which presently includes only the Archbishop and 9 appointed lay members, will be reorganized to include the Archbishop, the 8 Metropolitans and as few as 3 but not more than 9 lay members. Thus, the voting power of the laity is diminished in favor of the hierarchs. [Page 8, Art. 5, Sect.4 A] 5. Dissent is stifled on the Council. Any member of the Council appointed by the Archbishop may be removed at his discretion without cause. How many Council members thus appointed will dare to speak against any of the Archbishop’s proposals? [Page 7, Art. 5, Sect. 2, I] 6. The synod becomes the gatekeeper for decisions of the Clergy-Laity Congresses. According to the Charter, decisions of the Congress are to be submitted by the Synod to the Patriarchate for approval. The decisions are deemed approved if there is no response from the Patriarchate within 90 days. However, this provision is meaningless since there is no time limit specified for the Synod to take action. They may sit on recommendations of the Congress that they deem undesirable for as long as they wish. [Page 4, Art. 4, Sect.14] 7. The Metropolitan has the authority to recommend revocation of the ecclesiastical charter of a parish if he deems it necessary. Metropolitans are given greater latitude for the revocation of a parish charter with the use of the undefined term of ‘canonical disorder”. Revocation of the parish charter also means that parish property then passes to the dioceses or archdiocese. [Page 30, Art. 8, Sect.2] 8. Money. A major portion of the proposed parish regulations is about money and its collection by the Archdiocese. Whereas the present UPR does not even list a percentage that should be remitted to the Archdiocese, the proposed Regulations make 15% a required rate. It is a known fact that many parishes cannot afford 15%, and have historically not paid at this rate. An immediate hardship will be created to these parishes. Additionally, whereas the amount is presently calculated only on operating funds and festival proceeds, it will now be calculated on, “All Building Fund income and Endowments…”, unless, “…excluded from the calculation by the Metropolitan, at his discretion,”. The provision can only lead to all kinds of deal making. [Page 40, Art. 5, Sect. 5]
9. Local Control of Parish Finances Will No
Longer Exist. A parish will be required to
submit its financial records annually by March 1.
Penalties for non-compliancy are severe. If
all the records have not been received within 30
days after a written request, “…the
Parish’s commitment shall be automatically raised
25% from the previous year’s amount.” Full
disclosure is mandatory of “…any and all
Corporations, Institutions, and Entities under the
direct or indirect control of the Parish or Parish
Council.” The Metropolitan shall have the
authority to “...take such measures and to impose
such financial and other restrictions, as he deems
necessary and appropriate to enforce the Parish’s
obligations.” Therefore, local control of a
parish’s finances will be a thing of the past. 10. Appropriation of Parish Property. If the Archbishop and the Metropolitan determine that a Parish is in heresy, schism, or defection from the Archdiocese, they shall have the authority to declare a parish in ‘canonical disorder’. This is a powerful phrase since they then have the authority to, “...assume the administration of the Parish and control of its properties until the Archbishop, in consultation with the Metropolitan, declares the Parish to be in canonical order. In the event that this does not occur the title to the properties shall vest in the Archdiocese.” They shall then have the authority to sign the deed for the properties. In the proposed Regulations there appears to be no recourse by the parish to the exercise of these powers by the Archbishop and the Metropolitans. The terms ‘canonical disorder” can be used by the hierarchs to cover a wide range of dissent and disagreement. There is a process of redress or appeal by the parish when declared in “canonical disorder” but the rules have not as yet been defined. [Page 24, Art. 2, Sect.6&7 and Page 29, Art. 6, Sect. 6] 11. Metropolitan Approval Required for Acquisition of Any Parish Property. Under the title, “Parish Property” it also states a new requirement that the purchase of “personal property” will need approval by a 2/3 vote of a Parish Assembly and by the Metropolitan. This includes items such as pews, desks, chairs, draperies, books, office supplies, cleaning materials, candles, U.S. Treasury bonds, etc. Submission of requests from parishes that cannot be approved by the Metropolitan will have to be sent to the Archdiocesan Council for approval – And it only meets twice a year! Is this what is intended. Probably not, but the definition of how small a purchase needs approvals from either the Metropolitan or the Council will probably be included in a document as yet unpublished, “Real Estate Guidelines”. It is referred to repeatedly in the Parish Property portion of the proposed Regulations. These “Guidelines” will obviously be very significant in the life of a parish. They are to be drafted and promulgated by the Archdiocesan Council. [Pages 22/23, Art. 2, Sect.3] 12. Undefined Real Estate Guidelines. These “Guidelines” will obviously be very significant in the life of a parish. Although they are mentioned throughout the proposed regulations, they are yet to be drafted and promulgated by the Archdiocesan Council and the Synod. Should not the parishes and the laity have the opportunity to review them at the same time that the Regulations are reviewed? 13. Salaries of Removed Parish Priests. If a priest is removed by a hierarch and has not been reassigned, the parish must continue to pay his remuneration for up 6 months, which means that a parish can be paying for their new priest as well as their old one for up to 6 months. [Page 25, Art. 3, Sect. 6] 14. Sanctions for Non Approval of Regulations by the Parish. It is important to note how easy it is under the proposed Regulations for a parish to be placed in ‘canonical disorder’. For example, if a parish fails to execute and adopt the new Regulations within 30 days after a request from the Archdiocese, it will be placed in ‘canonical disorder’. The Archbishop and the Metropolitans are herein being granted absolute authority even beyond that stated in the proposed charter of 2003. [Page 30, Art. 7, Sect. 3 and Page 21, Art. 1, Sect. 6] 15. Unrealistic Quorum Rules. A minimum quorum of 10% of parishioners in good standing will be required for a Parish Assembly. If not met after 2 tries, the Metropolitan shall set the quorum and determine how to proceed. This will prove to be a hardship to many churches that have trouble meeting quorums that are substantially lower than 10%. [Page 38, Art. 2, Sect.4] 16. Undefined Dispute Resolution Procedure. An Article titled “DISPUTE RESOLUTION” states that dispute resolution procedures will be adopted by the Archdiocesan Council and, “...will be adhered to by each Parish and affected individuals, and which shall serve as the sole and exclusive remedy for addressing all disputes that may arise in the life of the Parish, ..”. Nothing else is said. It appears that the laity will not have an opportunity to see the Dispute Resolution procedures or to even discuss them. This is chilling and totalitarian. [Page 41, Art. 6] 17. And, Finally Double Standards. Apparently, the proposed Regulations are meant to apply only to the clergy and laity, and not to the hierarchs or the Archdiocese. The proposed Regulations state that the agenda for a Congress will be submitted to the Parishes, “...no later than 60 days prior to the convening of the Congress”. These proposed Regulations and the agenda have not yet been received by parishes less than 3 weeks from the commencement of the Congress. The proposed Regulations also state that Robert’s Rules of Order shall be the official parliamentary authority for the Plenary Sessions of the Congress. The proof of this startling inclusion will be seen if voting by secret, written ballot will be allowed at the Congress. This has never been allowed in the past. [Pages 4/5 Art. 4, Sects. 13, 17 & 19]
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